Development of Creative Commons licenses

["Kevin Phillips (home)" <tacet AT qmpublishing.com>]

Hey S.

You're declaring you own the thing you're uploading ie. your music, and
granting them (Macjams.com or whoever) the right to use it in the context of
their website.  The basis under which you agree is as stated "WORLDWIDE,
PERPETUAL, IRREVOCABLE, ROYALTY-FREE, NON-EXCLUSIVE LICENSE TO USE, COPY,
PUBLISH, DISPLAY, PERFORM, AND DISTRIBUTE".

As Terry pointed out, they need to do this to ensure they have the
flexibility to promote your music and still be able to make money.  Some of
the CC license options will undoubtedly stop them from doing so otherwise
(eg. any of the NC licenses).

To answer your question directly, your music is released under the CC
license you selected to everyone outside of the Macjams.com website.  For
the website you've granted additional permissions as listed in the
agreement.  A license doesn't really "protect" your work, your lawyers do ;)

If you're not comfortable with this then don't upload your music, if you
need more specific legal advice then you should really ask a lawyer :)

Kev


----- Original Message -----
From: "s kemp" <spkemp AT panix.com>
To: <cc-licenses AT lists.ibiblio.org>
Sent: Friday, June 01, 2007 3:28 PM
Subject: [cc-licenses] QUERY REPOST: Creative Commons protections
inquestion?


> I've heard nothing back on this.  Would someone PLEASE clue me in if I
> am posting in the wrong place? THANK YOU!
>
> -----------------------------------------------------------------------
>
> I contribute musical compositions to an internet site that requires
> agreeing to, among other Terms and Conditions, the following:
>
> "MATERIALS POSTED BY VISITORS
>
> BY POSTING, SUBMITTING, LINKING, UPLOADING OR OTHERWISE SENDING ANY
> MATERIALS INCLUDING BUT NOT LIMITED TO IMAGES, AUDIO FILES, VIDEO FILES,
> TEXT FILES, AND ALL WORKS OF AUTHORSHIP ("CONTRIBUTIONS") TO US OR TO
> THE ****** WEB SITE, YOU WARRANT THAT YOU OWN ALL NECESSARY RIGHTS (OR
> WARRANT THAT THE OWNER OF SUCH RIGHTS HAS EXPRESSLY GRANTED SUCH RIGHTS
> TO YOU OR TO ******) TO POST, SUBMIT, LINK, UPLOAD, OR OTHERWISE SEND
> ANY SUCH MATERIAL AND YOU ALSO GRANT TO ****** AND ITS AFFILIATES A
> WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE, NON-EXCLUSIVE LICENSE
> TO USE, COPY, PUBLISH, DISPLAY, PERFORM, AND DISTRIBUTE SUCH
> CONTRIBUTION ON THE ****** WEBSITE OR ANY MUSIC RELATED WEBSITE OWNED BY
> ****** OR ITS PARENT OR AFFILIATED COMPANIES."
>
> After agreeing to this and subsequently uploading a song, a set of
> Creative Commons licenses is presented in a pick list of options for
> Creative Commons licensing (attribution, commercial use and so on)
>
> My question is:
>
> "Do the Creative Commons licenses actually protect my work after having
> agreed to the Terms and Conditions clause above?"
>
> Thank you.
>
> S. Kemp
>
>
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>